Appellate Division: Second Judicial Department

M75446

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-08654, 2008-06505 In the Matter of Cosimo Panetta, appellant, v Richard Carroll, etc., et al., respondents. (Index No. 06-24093)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, entered July 25, 2007, and an order of the same court entered May 7, 2008. Cross motion by the respondents to dismiss the appeal from the order entered May 7, 2008, on the ground that no appeal lies from an order denying reargument and to strike stated portions of a reply brief filed by the appellant in connection with the appeal from the order and judgment entered July 25, 2007, on the ground that they improperly refer to the order entered May 7, 2008.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion to consolidate is denied; and it is further,

ORDERED that on the court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that on or before October 10, 2008, the appellant shall perfect the appeal from the order entered May 7, 2008 (Appellate Division Docket No. 2008-06505; and it is further,

ORDERED that the cross motion, inter alia, to dismiss the appeal from the order entered October 10, 2008, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court